Vibgyor as part of site’s registration process, may gather about you, the below mentioned personally identifiable information: Name which includes first/last name, alternative email address, contact and mobile phone details, demographic profile (like gender, age, education, occupation, address, etc.), Postal Code and information of the pages visited/accessed by you, links clicked by you on the site, number of times, the page is accessed and other relevant browsing information.
Site access and license
You are granted by Vibgyor with a limited sub-license for accessing and using this site personally and not for modifying or downloading (apart from page caching), any portion, except that of Vibgyor’s written consent. No commercial use or resale of the site or any of its contents, collection or usage of descriptions, product listings, prices is not included in the license along with any derivative content or site usage, copying or downloading of account information to benefit other merchant, using of robots, data mining or similar data extraction or gathering tools. Any portion of the site or in full is not to be duplicated, reproduced, visited, resold, sold, copied, or exploited in any manner for commercial purpose, without Vibgyor’s written consent. Framing techniques are not to be framed or used for enclosing any logo, trademark or proprietary information (which includes text, images, page form or layout) of Vibgyor, the site and its affiliates without written consent. ‘Hidden text’ or Meta tags are not to be used using Vibgyor or site’s name or trademarks or SGSPL’s name without Vibgyor’s written consent. The Vibgyor granted license or permission is terminated in case, of unauthorized use.
Registration and Account Obligations
For shoppers to place orders on this Site, they are to register and login. The registration and account details are to be kept correct and current for communications, with regards to the purchases made from the site. The shopper by agreeing to terms & conditions acknowledges receiving of newsletters and promotional communication on registration. By contacting customer service or unsubscribing from the ‘My Account’, customers can opt out.
The site listed products are sold at MRP, unless specified. Prices mentioned during ordering are to be charged during delivery date. Even though prices of many products are known not to fluctuate every day, few commodities, including fresh food prices may changes daily. If prices are lower or higher on delivery date, then additional charges would not be refunded or collected, during order delivery.
As a customer, you at any time can cancel your order, within the schedule time slot of placing the order, through our customer service. If so, any payments would be refunded, in case, you had paid for the order. If fraudulent transaction of any customer is suspected or transaction noticed that defies the website’s terms and condition ns, we can cancel such orders at our sole discretion. A negative list of every fraudulent customer and transaction is maintained by us and access is denied to them as well as orders, any placed.
T&C of Service – Modifications
The Terms and Conditions related to using the Site may be modified by Vibgyor at any time without making any prior notice to you. The current version of the T&C can be accessed on the site, at any point of time. You are to review regularly the T&C on the Site. If you find the modified T&C to be unacceptable, then you are to discontinue making use of the Site. But, if you still persist in using the Service, then, it will be held that you acknowledge on accepting and abiding by the T&C in its modified version.
Jurisdiction and Governing Law
The User Agreement is to be construed with regards to applicable Indian Laws. The honorable Chandigarh Courts would have exclusive jurisdiction for any proceedings that might arise from this agreement. Any difference or dispute, be it in interpretation or any terms of the User Agreement between parties, the same is to be referred to an Vibgyor appointed independent arbitrator and his decision is to be deemed to be final & binding to the parties. It is in relation to the 1996 Arbitration & Conciliation Act that is amended periodically, the above mentioned arbitration is to be in accordance and it is in Bangalore that the arbitration is to be held. Bangalore’s judicature High Court alone is to have the jurisdiction, while Indian Laws would apply.
Submissions, Feedback and Reviews
All comments, postcards, feedback, ideas, reviews, suggestions and other submissions, offered, submitted or disclosed by the Site or to the site or disclosed, offered or submitted otherwise, in connection with your usage of the Site, would remain VIBGYOR’ s property. Such submission, offer or disclosure of Comments is to constitute an assignment made to VIBGYOR with regards to worldwide titles, interests and rights in all copyrights as well as intellectual properties present in the Comments. VIBGYOR, therefore, owns all such interests, titles and rights exclusively and is not limited in any manner in its usage, commercial or otherwise, with regards to comments. VIBGYOR is entitled to reproduce, use, modify, disclose, adapt or develop derivative works from, display, distribute and publish any Comments, submitted for whatsoever purpose, without compensating you or restricting in any manner. VIBGYOR is under no obligation, (1) towards maintaining comments of any type in confidence; (2) responding to any type of Comments; or (3) towards paying you compensation for Comments. You acknowledge that your submitted Comments to the Site does not violate the policy in any manner or that of any third party’s right, including trademark, copyright, privacy or proprietary or personal right(s), and would not cause any injury to any entity or person. Furthermore, you agree that your submitted Comments on the Site contain unlawful, libelous, abusive, obscene or threatening material or software viruses, commercial solicitation, political campaigning , mass mailings, chain letters or ‘spam’ of any type. Comments are not reviewed regularly by VIBGYOR, however, it reserves the right (and not obligation) for monitoring and removing or editing any submitted Comments on the Site. VIBGYOR is to be granted by you the rig ht for using the submitted name, with regards to any Comments. You acknowledge not making use of false email address, trying to impersonate any entity or person, or mislead with regards to the submitted Comments or origin. Any comments made by you are your sole responsibility and you acknowledge indemnifying VIBGYOR as well as its affiliates for claims that might arise due to your submitted Comments. VIBGYOR as well as its affiliates are in no way responsible or liable for any of your or third party’s submitted Comments.
Trademark and Copyright
VIBGYOR, its licensors and suppliers reserve expressively every intellectual property right in all programs, text, processes, products, content, technology and other materials, appearing on the Site. Having access to the Site does not actually confer and is not be considered to be conferring upon anyone the license under third party or VIBGYOR’ s intellectual property rights. Copyright and rights under this site is licensed to VIBGYOR. Using this site or any of its contents, which includes storing or copying them in part or full, other than your non-commercial, personal use is strictly prohibited without VIBGYOR permission. You are not to distribute, re-post or modify anything on the Site for any purpose. Logos, names and related service and product names, slogans and design marks are VIBGYOR’s service marks or trademarks, or that of its partners, suppliers or affiliates. The other marks are considered to be their respective companies’ property. No service mark or trademark license shall be granted with regards to materials present on the Site. Getting access to the Site does not mean anyone is authorized towards using any logo, mark or name in any way. References on the Site, with regards to products, marks, services or names of 3rd parties or hypertext links towards 3rd party sites or information have been offered only for your convenience and does not in any manner, imply or constitute VIBGYOR recommendation, sponsorship or endorsement of 3rd party, service, product or information. Third party site content is not VIBGYOR’s responsibility and any representations with regards to the content or material accuracy is not represented upon, on such sites. In case, you decide to have any third party sites to be linked, you shall be doing it on your own risk. Materials, including text, images, designs, illustrations, photographs, icons, music downloads or clips, programs, video clips as well as written and other types of material, which are this Website’s part (known collectively as ‘Contents’), have been solely intended for non- commercial, personal usage. The contents, including other downloadable materials that are displayed on the site can be copied or downloaded for only your personal usage. Due to copying or downloading, no interest, title, or right gets transferred to you through any software or downloaded materials. Also, you might not reproduce, transmit, publish, display, distribute, create or modify derivative works from, participate or sell in any sale or to exploit in any manner, be it in part or full, any Con tents, related software or the Website. VIBGYOR and/or its suppliers and licensees are the owners of all software present in this Site and are safeguarded by International and Indian copyright laws. The website containing software and Contents might be only used as shopping resource. Other usage, which includes modification, reproduction, distribution, transmission, performance, republication or display of Contents on the Site, is prohibited strictly. All Contents, unless otherwise noted are trademarks, copyrights, trade dress or other intellectual property possessed, licensed or controlled by VIBGYOR, by third parties or any of its affiliates, having their materials licensed to VIBGYOR and are safeguarded by International and Indian copyright laws. Content compilation (meaning arrangement, assembly and collection) on the Site is VIBGYOR’s exclusive property and is safeguarded by International and Indian copyright laws.
You acknowledge to indemnify, hold harmless and defend VIBGYOR, its directors, employees, agents and officers as well as their assigns and successors against and from any liabilities, claims, losses, damages, expenses and costs, including attorney’s fees, arising due to or caused by claims made due to your inactions or actions, resulting in liability or loss to VIBGYOR or 3rd third party, including, however, not limited to breaching any representations, undertakings or warranties, or with regards to non-fulfillment of your obligations motioned under the User Agreement or that which arises due to your violating any applicable regulations, laws, including however, not limited towards Intellectual Property Rights, libel claim, taxes and statutory dues payments, violation of privacy rights or publicity, service loss by other subscribers, other rights and intellectual property infringement. Termination or expiry of the User Agreement will end this Clause.
Effectiveness of the User Agreement is until you or VIBGYOR terminates it. At any time, you can have the User Agreement terminated, provided you discontinue using the Site. The User Agreement could be terminated by VIBGYOR at any time, immediately and without any notice, denying you access to this Site. VIBGYOR is in no way liable for taking such action. Irrespective of you or VIBGYOR terminating this User Agreement, you are destroy promptly all downloaded materials or otherwise, which have been obtained from the Site, including all copies of materials, whether created under this User Agreement or not. Rights of VIBGYOR to all Comments are to survive this User Agreement termination. The User Agreement’s termination is not to cancel your obligation towards making for the already ordered product from the Site or affect liability, which could have arise under this User Agreement.
Under the 2000 IT Act, this document is regarded to be an electronic document and rules mentioned are applicable and amended provisions that pertains to electronic records in different statutes under the applicable Indian laws. The computer system generates the electronic record and any digital or physical intermediaries’ signatures are not required.
You are contracting along with VIBGYOR, with this User Agreement that is referred to hereinafter as ‘The Firm’, whose expression, unless context otherwise needs shall include and mean its assigns, liquidators and successors.
For User Agreement purpose, Visitor/Registered User and wherever context required ‘You’ may mean any legal or natural person, having acknowledged to become the Apps/Website/Order On Call member by offering Registration Data (defined hereinafter) at the time of registering on the Apps/ Website/Order using computer systems of Apps/ Website/Order as Registered User or has used Apps/Website/Order On Call without actually being a Registered User, &, in both cases, accepts this electronic record/version of this User Agreement. A unique identification user-name and PASSCODE (‘Password’ or ‘User ID’) is allocated to become a Registered User. The expression and term, unless content requires otherwise, include your receivers, legal heirs, liquidators, permitted assigns and successors.
This User Agreement for the Registered User is to be binding and effective upon your ‘acceptance’, which means, your taken affirmative action to click on ‘check box’ or on ‘continue button’ or any other affirmative action provided on registration page or accessing or using the Apps/Website/Order On Call by logging in by the 3rd party Apps/Website/Order On Call password and user ID including www.facebook.com, Apps/Website being owned by Google Inc or Yahoo Inc. or any of its subsidiaries, Twitter or other social media Apps/Website as permitted on Apps/Website or generally by using the Apps/Website in any manner, without or with using of your Password and User ID. In case, you are not willing to get bound by the conditions and terms of the User Agreement or agreeing to it, then you are suggested to refrain from clicking the ‘ check box’ as well as ‘continue’ button or for that matter any other button, while not seeking obtaining access or make use of the Apps/Website/Order On Call.
User Agreement Amendments: ‘The Firm’ might amend at any point of time, the User Agreement by having a revised version posted on the Apps/Website/Order On Call. Revised version is to be effective while the ‘Firm’ has it posted on the Apps/Website/Order On Call. For updates and amendments made to conditions and terms contained in the User Agreement, you are check regularly. In case, you find the amended Terms and conditions to be not acceptable, then you are to discontinue making use of the Service. But, if you still continue, then you are deemed to have accepted it and abide by the amended T&C of this site usage.
On using Apps/Website/Order On Call, other data communication or information or send emails to ‘The Firm’, it is agreed and understood by You that You will be communicating with Apps/Website/Order On Call & ‘Firm’ and other Visitors and Registered Users via electronic records that are legally enforceable and identifiable and You do consent towards receiving communications through electronic records from Apps/Website/Order On Call, other Visitors and Registered Users and ‘Firm’ as and when required, communicated or posted.
Service of Notice: Email ID and Registration Data or Your third party account details Apps/Website/Order On Call via which You get registered with Apps/Website/Order On Call is to be construed to be Your ‘designated e-address’ and the Apps/Website/Order On Call, ‘Firm’, other Visitors, Registered Users, law enforcement agencies and third parties will communicate via the designated e-address with You that is deemed adequate electronic record/service of notice.
On accepting the User Agreement expressly or by implied, You agree and accept to the different policies as stated by the ‘Firm’, provided periodically in different hyperlinks on Apps/Website/Order On Call.
Eligibility of the Members
Apps/Website/Order On Call usage is available to those people only having the ability to create legal binding contracts under the 1872 Indian Contract Act as well as other applicable laws. Others, within the law, being ‘incompetent to contract’ and other applicable law including un-discharged insolvents, minors, etc. cannot make use of the Apps/Website/Order On Call. For Minors, under 18 years of age, you cannot register as Apps/Website/Order On Call member and is not to purchase, bid or sell any items on Apps/Website/Order On Call. If you are interested to sell or purchase an item on Apps/Website/Order On Call as a minor, then such sale or purchase can be carried out on your behalf by your parents or legal guardian, who is registered users of Apps/Website/Order On Call. The right for terminating your membership and refusing you access to Apps/Website/Order On Call is held with the ‘Firm’, in case, it is discovered or brought to the notice that you are below 18 years or ‘incompetent to contract’. If registering as a business entity or on its behalf, you shall by authorized duly by the entity for accepting the User Agreement and have the necessary authority for binding the business entity into the User Agreement.
Your Registration and Account Obligations
As a Registered User, if you make use of On using Apps/Website/Order On Call, your responsibility lies in maintaining confidentiality of your Password and User ID, as well as for all activities, occurring under the same. You are to provide accurate, true, complete and current information as prompted by registration from of Apps/Website/Order On Call about yourself, as a third party site user or Visitor by which you get access to Apps/Website/Order On Call. In case, untrue, old or incomplete, inaccurate, information is provided by you, or the ‘Firm’ has good grounds to suspect the information provided by You to be inaccurate, untrue, incomplete, not current or not being in accordance with User Agreement, then the ‘Firm’ can terminate or suspend your membership access indefinitely with Apps/Website/Order On Call and refuse providing access to Apps/Website/Order On Call. Correct and updated registration and account details are necessary. In case, you have relocated to a new residential address, then your address details is to be amended under the Apps/Website/Order On Call’s My Accounts section or emailing to [email protected]
You are to grant us a worldwide, non-exclusive, irrevocable, perpetual, sub-licensable (via multiple tiers), royalty free right towards exercising the publicity, database rights and copyrights that you have as information, in any medium or media developed or known, produced, developed, used or invented in future, with regards to Your information.
Availability of Product
[email protected] offers delivery services and online grocery shopping.
Item availability is not guaranteed by [email protected], sold on Apps/Website/Order; since item without any notice could be out of stock. Although we try our best for avoiding such a situation, however, the business nature is as such that makes this unavoidable.
In specific instances, the right towards limiting quantities, lies with [email protected]; such limits would be informed to you, if they are to be enforced.
For manufacturer made packaging changes, [email protected] is not to be held responsible. Items are to be ordered, not depending upon product image, but product description.
[email protected] has been able to offer accurate packages sizes, which are deemed to be estimates and not 100% reliable, since periodic bonus sizes are offered frequently by manufacturers and package size changes are made without any notice. If there are no size listings, it indicates that a particular size is only available.
[email protected] is to be not held responsible for product defects, recalls, or less than perfect material from the grocery supplier or manufacturer.
Customer Dispute Resolution
It is with the accordance of Indian laws that the User Agreement needs to be interpreted and all legal proceeding resolutions are to be under exclusive jurisdiction of Chandigarh Courts, India.
Kiyaara Electronics Pvt Ltd
Plot No 294, Phase IV, Sector 57, HSIIDC Industrial Estate
Kundli, Sonipat, Haryana - 131028